Albert Mengarelli v. United States

RUSSELL E. SMITH, District Judge.

Appellant, who with his partner Richards, operated the Rendezvous Race Book in Las Vegas, Nevada, was convicted of a conspiracy 1 to evade or defeat the federal excise taxes imposed upon wagers. 2

Appellant contends that his Fifth Amendment rights were violated under the doctrines of Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906 (1968) and Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968). These cases hold no more than that under the circumstances of them a person who properly invokes his Fifth Amendment rights…